The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-11-22
WILL PROBE F Or THE. TRUTH
Judge Irwin Takes COgniZance of the
Charges of Fraud in Drawing Jurors.
He Formally Orders an Investigation Into
the Matter. Which Shall Be Conducted
by Prosecuting Attorney Mitchell.

When the county grand jury was drawn last
June. and was found to be composed of five
Democrats and one Greenbacksr, it was gen
orally believed that 1t was packed for the
purpose OF shielding the tally-sheet forgers. and
such other criminals as might be in the good
eraces of the gang. Notwithstanding the talk
regarding the jury, Judge Irwin could do moth
ing but accept it AS the jury progressed with
its work, and refused to consider the election
cases, and continually discharged criminals. the
public, and especially criminal attorneys, be-
came convinced that the jury was the tool
OF the gang and drawn, perhaps. irreg-
ularly. Several weeks ago prominent attorneys
began investigating the drawing Of the jury.
and found enough evidence to convince them
that the jury had not been drawn according
to law. There evidence tending to show
that Mr.. Spencer. one of the members Of the
jury. and the father of the chairman of the
Democratic city central committee, was not en-
titled to seat on the jury for the reason that
his name was not among the number placed in
the box before the drawing began. In order that
the matter might be Investigated attorney JOS
Healing, the latter part of last week. gave notice
that he would ask the court for plea of abate-
ment in the case of Wm A Taylor, indicted by
the jury for assault and battery with intent to
kill. As as Judge Twins attention was
called to the matter he announced that he him
self would have the charge investigated, and
took the initial step yesterday by issuing the
following order:
In the matter of the alleged nlegaty of the grand
Charges having been made by the daily press of the
city of Indianapolis that the grand jury of this court
now constituted. an illegal body by of
regularity and fraud in the selection and drawing of
the same now. to the end that purity in the admin
istration of public justice may be maintained and the
preserved. business
this SQUIRT not be impeded obstructed unneces
sariy by questions most likely to arise out of said
alleged llegaty whether the accusation shall be true
or unfounded it is deemed by the court necessary to
court that James L. Mitchell, the prosecuting at.or
ney of this court present said matter and conduct
bring before the court such witnesses as may have
knowledge of the matter under investigation.
The investigation will begin to-day, and all
persons connected with the drawing of the jury,
or others claiming to know anything about any
irregularities will be summoned as witnesses.
Il shall make the investigation thorough" said
Judge Irwin last evening II do not think 1t IS
the duty of judge to hunt for little technical
errors relating to the work done by the court
but the public demands that this investigation
be made, and il the jury is not a legal one we
will find it out. There is no doubt but what the
matter ehould have been Investigated when the
jury was first drawn. but my attention was not
called to any Irregularities then. On the con-
trary an attorney who claimed to have made an
investigation, informed me that the jury was
regularly drawn. Afterward the same attorney
told me that he had discovered some irregulari-
ty. but the talk all outside OF court, and /
had nothing which to base investigation
Recently affidavit to have been fled
alleging the irreeularity of the jury, but it was
not fed. and had to proceed On my own re-
sponsibility."
The investigation Is Of very great significance
to the Criminal Court very large mum bar of
cases have been passed on by the jury during
the Ave months il has been at work.
The principal witness in the investigation is
Mr. SDanp, one of the jury com missioners. who
examined the list from which the jury was
iected sod did not find Mr.. Spsncer's name there
Afterward he called for the box from which the
names were drawn, but 1t refused him.
County Clerk Sullivan, whom the investigation
directly affects claims that the drawing
regular in every way. and has fears or a
thorough investigation. great people
have wondered how it was that a solid Demo
cratic jury could be easlv drawn at such
opportune time. when the like occurred
before in the history OF this county, and
glad TO know investigation is to be made.